The Statutory Guidelines

THE EQUAL OPPORTUNITY ACT 2000 STATUTORY GUIDELINES (DOWNLOAD)

Following are the statutory guidelines by which the request for information to facilitate the investigation process of the Equal Opportunity Commission will be guided:

The Equal Opportunity Commission was established by s. 26 of the Equal Opportunity Act 2000. The functions of the Commission inter alia are to receive, investigate and as far as possible, conciliate allegations of discrimination.

S. 33 of this Act states; The Commission may by notice in writing –
a)    require any person to furnish such information as may be described in the notice;
b)    specify the time in which the required information is to be furnished;
c)    require the person to attend at such time and place specified in the notice and to give oral evidence about and produce all documents in his possession or control relating to, any matter specified in the notice.

S. 36 of the Act in question states: A person who, without reasonable excuse, refuses or fails to comply with any requirement of a notice under sections 33 and 35(2) , is liable on summary conviction –
a)    in the case of an individual, to a fine of one thousand dollars ($1000);
b)    in the case of a body corporate, to a fine of five thousand dollars ($5000) for every day that the individual or body corporate refuses or fails to comply with any requirement of a notice.

S. 39 of the Act says (1) Where the Commission is of the opinion that the subject matter of a complaint cannot be resolved by conciliation or it has attempted to resolve the matter by conciliation but has not been successful in that attempt, the Commission shall –
a)    prepare a report relating to the investigation with its recommendations;
b)    send a copy of the report to the parties of the complaint;
c)    publish the report; and
d)    make the report available for inspection by the public.

S. 39 (2) of the Act states Where the subject matter referred to in subsection (1) remains unresolved and the Commission has fulfilled the requirements set out in subsection 1 (a) to (d), the Commission shall, with the consent and on behalf of the complainant, initiate proceedings before the Tribunal.

We at the Equal Opportunity Commission recognise our duty of confidentiality as set out in S. 55 of the Act.

S. 55 (1) It shall be an offence for any member of the Commission, or the Tribunal, or the Registrar, or any member of the staff assisting the Commission, or the Tribunal, either directly or indirectly, except in the performance of duty under this Act, to make a record of, or divulge or communicate to any person, any information concerning the affairs of any person acquired by him by reason of his office or employment under this Act.